Vermont Answer to a Complaint
Vermont gives you 21 calendar days after service to answer a complaint under V.R.C.P. 12(a), often before filing. Miss it and the plaintiff can take default.
Introduction
A Vermont Answer to a Complaint is the written response you give the plaintiff and file with the clerk of the Civil Division of the Superior Court after you are served with the summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Vermont runs on a serve-before-file model, which is what sets its deadline apart. Under V.R.C.P. 12(a)(1), the official civil Summons tells you to give or mail the plaintiff a written Answer within 21 days of the date you received the summons, and that clock often runs before the case is even filed with the court. The day count is calendar days, since Vermont counts every day in this window. There is no statewide fill-in answer form for general civil cases, so you type the answer as a pleading on a caption that complies with V.R.C.P. 10(a), though the Judiciary does publish an Answer form (100-00051). You serve the plaintiff a copy under V.R.C.P. 5 and file with the clerk of the Superior Court unit named in the summons. Miss the deadline and the clerk can enter your default under V.R.C.P. 55(a), opening the door to a default judgment. DocDraft drafts a Vermont-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline is 21 calendar days from service, and it often runs before filing. Under V.R.C.P. 12(a)(1) the civil Summons directs you to give or mail the plaintiff a written Answer within 21 days of the date you received the summons. Vermont serves before filing, so this clock can start before the case reaches the court.
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There is no statewide general-civil answer form, so you type a pleading. For a general civil case you type the answer on a caption that complies with V.R.C.P. 10(a), naming the parties and the docket. The Vermont Judiciary publishes an Answer form (100-00051) you can use, but the answer is a typed pleading, not a checkbox form.
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Small claims is a real 30-day written-answer deadline, not an appearance. In small claims the official defendant instructions (form 100-00259) state you must answer the summons within 30 calendar days by returning the original Answer to the court and a copy to the plaintiff. If you do not, the judge may issue a default judgment for the amount of the claim.
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An eviction answer is also written and due in 21 days. In an eviction (ejectment) case the tenant generally has 21 calendar days after being served with the eviction complaint to file a written answer with the court under V.R.C.P. 80.1 and 9 V.S.A. 4467. This is not an appearance-only track; a written answer is required.
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A divorce or family response is due in 21 days when served in Vermont. In a family case you have 21 calendar days from when you were served with the papers starting the case to file a written response, called an Answer, under the Vermont Rules for Family Proceedings applying V.R.C.P. 12(a) when you are served within Vermont.
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There is no fee to file an answer, and a waiver is available. The answer filing fee is $0. If you cannot afford other court costs you can file an Application to Waive Filing Fees and Service Costs (form 600-00228), based on public assistance, gross income at or below 150% of the federal poverty guidelines, or inability to pay without using resources you need to support yourself and your dependents.
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A related claim may be compulsory, and Vermont's contract limit is six years. Under V.R.C.P. 13 a counterclaim that arises out of the same transaction or occurrence must be stated with your answer, while an unrelated claim may be stated as a permissive counterclaim. The statute of limitations on a written contract is six years under 12 V.S.A. § 511.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Vermont Requirements for Answer to a Complaint
In a general civil case your answer is due within 21 calendar days of the date you received the summons under V.R.C.P. 12(a)(1), and because Vermont serves before filing, that clock often runs before the case is filed with the court. Small claims is due within 30 calendar days, and eviction and family responses are each due within 21 calendar days.
There is no statewide fill-in answer form for a general civil case, so type the answer as a pleading on a caption that complies with V.R.C.P. 10(a), naming the parties and the docket number. The Vermont Judiciary publishes an Answer form (100-00051) you can use as a starting point.
Caption the answer for the Civil Division of the Superior Court unit named in the summons, in the county where the suit was filed. Include the docket number, the parties' names, and the title Defendant's Answer, formatted under V.R.C.P. 10(a).
File your answer with the clerk of the Superior Court unit named in the summons. Self-represented litigants may e-file through Odyssey File and Serve, file by email, or file in person or by mail, while attorneys must e-file under V.R.E.F. Rule 3(a).
Under V.R.C.P. 5, serve a copy of your answer on the plaintiff or the plaintiff's attorney, usually by mail or by electronic service if the plaintiff is registered in Odyssey, and keep proof of service.
The fee to file an answer in Vermont is $0. If you cannot afford other court costs, file an Application to Waive Filing Fees and Service Costs (form 600-00228), based on public assistance, gross income at or below 150% of the federal poverty guidelines, or inability to pay without using resources you need to support yourself and your dependents.
State each affirmative defense you intend to rely on, such as statute of limitations, lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process, insufficiency of service of process, or failure to state a claim upon which relief can be granted. The statute of limitations on a written contract is six years under 12 V.S.A. § 511.
Under V.R.C.P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be stated with your answer, or you can lose the right to bring it later. An unrelated claim may be stated as a permissive counterclaim.
Frequently Asked Questions
In a general civil case, V.R.C.P. 12(a)(1) directs you to give or mail the plaintiff a written Answer within 21 calendar days of the date you received the summons, and because Vermont serves before filing, that clock often starts before the case is filed. The deadline differs on other tracks. Small claims requires a written Answer within 30 calendar days under the Vermont Rules of Small Claims Procedure, an eviction answer is due within 21 calendar days under V.R.C.P. 80.1 and 9 V.S.A. 4467, and a family response is due within 21 calendar days when you are served in Vermont. Missing your deadline can lead to a default judgment.
There is no statewide fill-in answer form for a general civil case, so you type the answer as a pleading on a caption that complies with V.R.C.P. 10(a), naming the parties and the docket number. The Vermont Judiciary does publish an Answer form (100-00051) you can use as a starting point. In small claims, the court provides the defendant instructions and answer materials (form 100-00259) for the 30-day written Answer.
File your answer with the clerk of the Superior Court unit named in the summons, in the Civil Division of the Superior Court for a general civil case. Self-represented litigants may e-file through Odyssey File and Serve, file by email, or file in person or by mail, while attorneys must e-file under V.R.E.F. Rule 3(a). You also serve a copy of the answer on the plaintiff or the plaintiff's attorney under V.R.C.P. 5, usually by mail or by electronic service if registered in Odyssey.
The fee to file an answer in Vermont is $0. If you cannot afford other court costs, you can file an Application to Waive Filing Fees and Service Costs (form 600-00228). Eligibility is based on receiving public assistance, having gross income at or below 150% of the federal poverty guidelines, or being unable to pay without using resources you need to support yourself and your dependents.
Under V.R.C.P. 55(a), when a party who has a judgment for affirmative relief sought against them fails to plead or otherwise defend, the clerk shall enter that party's default, which opens the door to a default judgment. You may be able to ask the court to set aside a default judgment by filing a Motion to Set Aside Default Judgment within not more than one year under V.R.C.P. 60(b), showing mistake, inadvertence, surprise, or excusable neglect under V.R.C.P. 60(b)(1). The reliable path is to answer on time.
Yes, and you may be required to. Under V.R.C.P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be stated with your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be stated as a permissive counterclaim. The statute of limitations on a written contract in Vermont is six years under 12 V.S.A. § 511.